federal ccb regulations: utility industry’s perspective jim roewer appa e&o conference march...

Federal CCB Regulations: Utility Industry’s Perspective

Jim RoewerAPPA E&O Conference

March 30, 2010

Coal Combustion Byproducts

Produced as a result of coal combustion for power generation Fly Ash Bottom Ash Boiler Slag Flue Gas

Desulfurization (FGD) Materials

CCB Generation & Utilization

>136 million tons CCBs produced in 2008 >60.6 million tons beneficially used (44.5%

utilization) Utilization reduces land disposal, utilization of

natural resources, energy consumption and GHG emissions

Reduction of CO2 emissions >13 million tons

CCB Regulatory Status

Subject to State Solid, Industrial or Special Waste Regulations

Exempt from Regulation as RCRA Hazardous Waste

CCB Regulatory Chronology

1980 Bevill Amendment 1988 EPA Report to Congress

“EPA does not intend to regulate under Subtitle C” 1993 Regulatory Determination (58 Fed Reg

42466) “regulation … as hazardous waste under RCRA

Subtitle C is unwarranted.”

CCB Regulatory Chronology

• 1999 EPA Report to Congress– “disposal … should remain exempt from RCRA Subtitle

C”

• 2000 Regulatory Determination (65 Fed Reg 32214)– “regulation … under Subtitle C of RCRA is not

warranted.”– no additional regulations are warranted for beneficial

use– “decided to establish national regulations under subtitle

D of RCRA “

TVA Kingston Fossil Plant Coal Ash Spill

Monday, December 22, 2008, just before 1 a.m., a dike at a coal ash containment area failed at TVA’s Kingston Fossil Plant

>1 Billion gallons of ash was released into adjacent waterways and properties

http://en.wikipedia.org/wiki/File:Aerial_view_of_ash_slide_site_Dec_23_2008_TVA.gov_123002.jpg

Heightened Focus on Coal Ash

Congressional Attention Senate EPW; House Energy & Commerce, Natural

Resources, Transportation & Infrastructure EPA Inspections & Rulemaking

Dam Safety Environmental Regulations

Advocacy Environmental Groups Industry (CCB Coalition)

Federal CCB Regulations

Regulatory Options Non hazardous regulations (RCRA Subtitle D) Hazardous Waste Regulations (RCRA Subtitle C) Combined Options (Mix of C & D)

Proposed Rule sent to OMB October 15 Proposed Rule Published December 2009



Proposed Rule sent to OMB October 15 Proposed Rule Published January 2010



Proposed Rule sent to OMB October 15 Proposed Rule Published February 2010



Proposed Rule sent to OMB October 15 Proposed Rule Published April 2010



Proposed Rule sent to OMB October 15 Proposed Rule Published ???? 2010



Proposed Rule sent to OMB October 15 Proposed Rule Published ???? 2010 Final Rule 2011 Implementation 2013 - 2015

EPA Concerns

Enforceability Permitting Wet Handling (Impoundments) Beneficial Use


– Location Restrictions– Operating Criteria– Design Criteria (e.g., liners)– Groundwater Monitoring– Closure– Financial Assurance– Impoundment Integrity– Restrictions on “Wet Handling” (i.e., pond closure)

Subtitle D Regulations

● Administered and Enforced by the States● Consistent with 1993 & 2000 Regulatory

Determinations● No Stigma/Barriers to CCB Beneficial Use● EPA Direct Enforcement May be Limited

Subtitle C Regulations

● Federal Hazardous Waste Rules Supplant State Controls

● Direct Federal Enforceability● 2–5 Years for Rules to Become Effective ● Disposal Capacity Issues● Adverse Impact on Beneficial Use

Impact of Subtitle C Regulation on CCB Disposal

Re-permitting of Existing Facilities Corrective Action Closure of Existing Facilities Permitting of New Disposal Facilities De Minimis Releases Spill Cleanup

Impact of Subtitle C Regulation on CCB Disposal

Disposal Subject to Subtitle C Regulation Qualified Beneficial Uses Exempt from

Regulation Cement & Concrete, Wallboard Manufacture OK Unconfined Uses, Land Application Likely Prohibited

“Qualified Uses” or “Legitimate” Recycling Assumes Hazardous Secondary Material

Impact of Subtitle C Regulation on CCB Use

RCRA Compliance—Regulatory Conditions Similar to Part 261.4(a)(23) Storage to Prevent Release/Spill Response Release = Illegal Disposal? Prohibition on Speculative Accumulation Due Diligence to Ensure Safe Handling/Use Ensuring Legitimate Use & Meeting Legitimacy

Criteria

Impact of Subtitle C Regulation on CCB Use

Potential Environmental Liabilities Increased Tort Exposure Product Liability Concerns Product Disposal Concerns (Off-Spec Materials,

end-of-life Disposal) Reduced Markets Increased CERCLA Visibility

State Environmental Regulatory Agencies ECOS ASTSWMO Arizona DEQ Arkansas DEQ Colorado DPHE Florida DEP Hawaii DLNR Illinois EPA Indiana DEM & DNR Iowa DNR Kansas DHE Kentucky AG Louisiana DEQ Maryland DE Michigan DEQ

Minnesota PCA Missouri DNR Mississippi DEQ New Jersey DEP North Dakota DH Ohio EPA Oklahoma DEQ Pennsylvania DEP South Carolina DHEC South Dakota DENR Tennessee DEC Texas CEQ Virginia DEQ West Virginia DEP Wisconsin DNR

Other State Agencies

State Associations NCSL Conf of Mayors

Public Utility Commissions Indiana URC Louisiana PSC New Mexico PRC North Carolina PUC North Dakota PSC Ohio PUC Pennsylvania PUC

State Highway/DOT American Association of State

Highway and Transportation Officials (AASHTO)

Arizona DOT Colorado DOT Florida DOT Indiana DOT Michigan DOT Minnesota DOT New Hampshire DOT North Carolina DOT Texas DOT Utah DOT

Other Stakeholders

Chambers of Commerce US Chamber of Commerce Michigan North Carolina South Carolina

Technical/Educational Organizations

ACAA ACI

CCB End Users American Concrete Paving Assn American Society Concrete

Contractors Gypsum Assn National Ready Mix Concrete

Assn National Assn of Manufacturers

Labor UJAE

State Officials

Governors National Governors

Association Western Governors

Association West Virginia Governor

Manchin North Dakota Governor

Hoeven

State Executive Officials Missouri Lieutenant Governor

Kinder Kentucky Attorney General

Conway

Municipal Governments Colorado Springs Grand Island, NE Hastings, NE Springfield, IL Wyandotte, MI

Congressional Letters

Conrad Senate Letter (25)

Bayh Senate Letter (27)

Senators Burris, Casey, Kyl & Roberts

House Letter (74)

House Coal Caucus letter (116)

Reps Bonner, Leutkemeyer, Platts, Schock, Sires, Skelton and Teague

CCB Coalition

Ash Producers (Utilities and Industries), Ash Users—Individual Companies & Associations Seeking Non-hazardous Waste Regulations Seeking to Preserve and Expand CCB Beneficial

Use

www.uswag.org/ccbletters.htm

http://www.uswag.org/ccbletters.htm

31

Possible Timeline for Environmental Regulatory Requirements for the Utility Industry

Ozone

PM2.5

'08 '09 '10 '11 '12 '13 '14 '15 '16 '17

Beginning CAIR Phase I Seasonal NOx Cap

HAPs MACT proposed

rule

Beginning CAIR Phase II Seasonal NOx Cap

Revised Ozone NAAQS

Begin CAIR

Phase I Annual

SO2 Cap

-- adapted from Wegman (EPA 2003) Updated 2.15.10

Beginning CAIR Phase II Annual

SO2 & NOx Caps

Next PM-2.5

NAAQS Revision

Next Ozone NAAQS Revision

SO2 Primary NAAQS

SO2/NO2 Secondary

NAAQS

NO2

Primary NAAQS

SO2/NO2

New PM-2.5 NAAQS Designations

CAMR & Delisting Rule vacated

Hg/HAPS

Final EPA Nonattainment Designations

PM-2.5SIPs due (‘06)

Proposed CAIR Replacement

Rule Expected

HAPS MACT final rule expected

CAIR Vacated

HAPS MACT Compliance 3 yrs

after final rule

CAIR Remanded

CAIR

Begin CAIR

Phase I Annual

NOx Cap

PM-2.5 SIPs due (‘97)

316(b) proposedrule expected

316(b) final ruleexpected

316(b) Compliance3-4 yrs after final rule

Effluent Guidelines

proposed ruleexpected

Water

Effluent GuidelinesFinal rule expected Effluent Guidelines

Compliance 3-5 yrs after final rule

Begin Compliance Requirements

under Final CCB Rule (ground water monitoring, double monitors, closure,

dry ash conversion)

Ash

Proposed Rule for CCBs Management

Final Rule for CCBs Mgmt

Final CAIR Replacement

Rule Expected

Compliance with CAIR

Replacement Rule

CO2

CO2 Regulation

Reconsidered Ozone NAAQS

Questions?

Jim Roewer

202/508-5645

[email protected]

federal ccb regulations: utility industry’s perspective jim roewer appa e&o conference march...

Documents

subtitle c of rcra

special waste regulations

national regulations

additional regulations

final rule

coal ash containment

result of coal combustion

gallons of ash